Per Oregon Water Law, “a water right holder is required to beneficially use a water right for its intended purpose without waste, once every five consecutive years.” “An irrigation water right is considered beneficially used when something is planted, irrigated, and producing.”
Per Oregon Revised Statute and Oregon Administrative Rule, a water right holder is required to beneficially use a water right for its intended purpose without waste, once every five consecutive years. An irrigation water right is considered beneficially used when something is planted (such as a crop, pasture, yard, or other landscaping), irrigated, and producing. Irrigation of native vegetation such as sagebrush and bunchgrass, or invasive and non-invasive weeds (cheatgrass, foxtail, etc.). is not beneficial use of an irrigation right. Take a look at our link to see what beneficial use is and what is not.
Any non-native crop. Examples include yard, pasture, garden, trees with grass between, etc. A beneficial use crop is a crop that would not otherwise grow without the artificial application of water. Cheat grass and sage brush is not a beneficial use crop.
COID determines beneficial use through evaluating and tracking annual aerials and conducting in person site reviews of the water right. Patrons are also encouraged to submit photos of beneficial use crops that are clearly labeled with the date and location of the photo.
Oregon Water Law requires water users to beneficially use the water right once every 5 consecutive years. COID is issued a water right certificate by the State of Oregon. COID is the certificate holder of the water appurtenant to the patron’s land. COID helps protect water rights through education and collaboration with patrons.
COID encourages patrons to call the office to discuss the standing of the water rights with the Water Right Team. The full water must be beneficially used once every five years. The last year of use is different for every patron.
Water rights are mapped with the State of Oregon. Patrons are responsible for irrigating within the mapped area. If the water right has been used within 5 years, a transfer can be filed to move the water right to a more irrigable area.
COID generates two different types of water right maps. These maps are available to patrons upon request from the District. A water right map shows where water rights are mapped on the property. A beneficial use map shows detailed information of the use of the irrigation water right commonly referred to as “the standing of the water right.”
A beneficial use map identifies detailed information of the use of the irrigation water right commonly referred to as “the standing of the water right.” The aerial reviews used to grade beneficial use are a snapshot in time and a baseline collection of data.
Think about this map as a report card showing the beneficial use of the water right.
If you are unable to irrigate on the ground or would like to skip a year of irrigating, there are four options that may be considered to receive beneficial use.
- Instream Lease Program: The instream lease program allows water rights to be temporarily leased to the Deschutes River. In return, the water right is provided beneficial use. This is a cooperative effort between COID, Deschutes River Conservancy and Oregon Water Resources Department.
- Temporary Transfer Program: The temporary transfer program allows patrons to receive beneficial use by allowing another farmer to use the water rights. A patron may request a temporary transfer to remove a portion or all eligible water rights through the Districts temporary transfer program, leasing the water to another patron for a 1-year period. There is no fee to temporarily transfer the water off.
- Sell a portion or all of the water right: A patron may request to sell a portion or all eligible water rights to an approved buyer permanently removing the unused water from the property.
- Permanently transfer: A patron may request to permanently transfer a portion or all eligible water rights to a new irrigable area.
You have options. To satisfy the state “beneficial use” requirement, you can use the water to irrigate or you can lease the water instream.
Leasing does not change ownership of the water but rather is a temporary change in use of water under a state program that satisfies your beneficial use requirement. While the water is leased it cannot be used on land. However, once the lease expires – the water can be used on your land again. Leasing protects the water right so you CAN use it again in the future.
If water was used beneficially once in the previous five years, you may have the option to lease the water instream (protected in the river), permanently transfer it from the property, or temporarily transfer it from the property.
The history of the water right is bound to the property, not the property owner.
Water Distribution Analyst offers technical and financial assistance to help producers plan and implement conservation practices that improve water quality and conserve its use. Contact COID’s On-Farm Liaison for additional information.
The water is permanently removed from your property and you can’t get it back. The District also loses it. The water is removed from our certificate and can never be re-allocated for irrigation.
The property owner is ultimately responsible for the water right.
Yes. How? Start irrigating the dry area, producing a beneficial crop, and keep it irrigated every year going forward. Keep receipts for seed, fertilizer, irrigation equipment. Retain records of crop sales (livestock sales if grazed on irrigated field).
- If the water right has been beneficially used within the last 5 years, contact the district to request a water right transfer to remap the footprint of the shop to a new area on your property that does not have an existing water right. If you do not have room to move the water right to a different area on your property, you can sell the water right to another COID patron. COID will assist with this sale.
- If the water right has not been beneficially used within the last 5 years, it is critical you grow a beneficial use crop on the footprint of the shop before requesting a transfer.
The district recommends beneficially using the water right before transferring the water right off the property. If you cancel water rights that are past five years nonuse, COID permanently loses the water right off their certificate and you will be required to pay an exit fee.
COID is not the administrator of water law and therefore cannot guarantee a water right.
Central Oregon Irrigation District holds the right to the use of water from the Deschutes River, issued by the State of Oregon in 1900. As holder of the water right, COID is entrusted to manage the water it delivers in accordance with Oregon water law. These laws are administered by the Oregon Water Resources Department (OWRD).
It is possible for patrons on the Pilot Butte Canal to obtain more water. There is currently no surplus water available on the Central Oregon Canal. A Watermaster review must be completed to determine if the patron is eligible to receive additional water.
It is historical practice for patrons to travel a shared ditch to pick up the water and/or check for blockages. You should only travel the ditch for irrigation purposes and when it is your turn in the rotation. If you are a new property owner, as a courtesy to your neighbors, introduce yourself and discuss access to your headgate and a plan for clearing obstructions on the shared ditch.
The instream lease program provides the water right beneficial use through donation to the Deschutes River. A patron can volunteer to donate a portion or all the water rights to the instream program for 1 season. The delivery to the patron is reduced by the amount they leave in stream. The amount instreamed is left in the Deschutes River and is not diverted for irrigation. In return, the State of Oregon grants the water right beneficial use (the same as irrigating on the ground). If a patron is interested in the instream program, encourage them to call the office. There is an application process that COID staff facilitates. Instream lease requests are due before Feb 15th prior to the season the patron wants to enroll in the program.
Patrons are encouraged to call the office and be provided with an Irrigation Resource Sheet that lists third party contractors they can hire to help them with their system.
